Mendonça reduces secrecy in Banco Master case after assuming relatoria

STF Minister André Mendonça reduced the secrecy level of the Banco Master fraud inquiry on Thursday (19), after taking over from Dias Toffoli. The decision grants the Federal Police broader access to seized materials and authorizes ordinary procedures, such as depositions. This reverses prior restrictions set by Toffoli.

STF Minister André Mendonça assumed the rapporteurship of the Banco Master fraud inquiry on February 12, 2026, after Dias Toffoli stepped down due to controversial decisions and revealed connections to involved parties, such as former banker Daniel Vorcaro.

In a ruling on February 19, Mendonça lowered the secrecy level previously set by Toffoli, from level 4 (maximum secrecy) to level 3 (standard secrecy). He authorized the Federal Police (PF) to follow their normal expertise procedures, revoking the limit to just four federal criminal experts. This allows more PF servers to access seized materials, including about 100 electronic devices like cell phones.

The PF reported that a single expert would take approximately 20 weeks to examine the devices, justifying broader involvement. Mendonça also permitted ordinary diligences, such as interviewing suspects and witnesses at PF facilities, without prior consultation to the rapporteur, except for authorities with special forum privileges.

"Only the police authorities and agents directly involved in the analysis and conduct of the reciprocally shared procedures should have knowledge of the accessed information," Mendonça stated in the decision, stressing the duty of professional secrecy.

Previously, Toffoli ordered seized goods and documents to be sealed and stored first at the STF and then at the Attorney General's Office (PGR). Federal experts consulted by Folha said this could compromise the investigations, and the National Association of Federal Criminal Experts (APCF) criticized assigning proof elaboration to the PGR. Mendonça required that any new related investigations be expressly requested and reviewed by him in advance.

The measure meets PF requests for greater autonomy while maintaining information compartmentalization to preserve secrecy.

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Realistic depiction of STF Justice André Mendonça meeting with Federal Police on Banco Master case investigations.
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Mendonça schedules new meeting with PF on Banco Master case

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STF Justice André Mendonça has called a new meeting with the Federal Police for Monday (23) to discuss the progress of investigations into Banco Master and next steps. This follows his assumption of the case's rapporteurship, replacing Dias Toffoli amid controversies. The meeting will include preliminary reports and review of prior decisions.

STF Justice André Mendonça ordered greater transparency in the Banco Master case by mandating the delivery of ex-banker Daniel Vorcaro's data to the INSS CPI and the Federal Police. The ruling makes Vorcaro's attendance at the commission optional and reduces risks of evidence tampering. Meanwhile, reports of parties hosted by Vorcaro with authorities heighten suspicions of undue influence in power structures.

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Minister Dias Toffoli stepped down from the Master case relatoria at the STF after a closed meeting with other ministers, convened by President Edson Fachin due to a Police Federal report arguing his suspicion. The Court issued a joint note stating no impediment exists, and the relatoria was reassigned to André Mendonça. Parties and police delegates' associations reacted in defense of judicial institutionalism.

STF Minister Flávio Dino suspended, on a preliminary basis, the breach of bank and fiscal secrecy for a businesswoman close to Lulinha, son of President Lula. The ruling prompted the defense of Fábio Luis Lula da Silva to seek the same protection and drew criticism from the INSS CPI, which sees it as an affront to Parliament.

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STF Justice Dias Toffoli has declared himself suspect for 'foro íntimo' reasons and will not participate in the judgment on maintaining banker Daniel Vorcaro's imprisonment, owner of Banco Master. The decision comes amid a virtual session of the Second Panel starting this Friday (13). Earlier, Toffoli also recused himself from a request for a CPI on frauds involving the bank.

Supreme Court Justice Gilmar Mendes suspended the breaking of banking, fiscal, and telematic seals for Maridt, a company in which Justice Dias Toffoli is a partner. The action responded to an order from the CPI on Organized Crime and was criticized in a Folha de S.Paulo editorial as an irregular maneuver. The decision relied on a 2021 archived writ of mandamus unrelated to the current case.

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Edson Fachin, president of Brazil's Supreme Federal Court (STF), is pushing for an ethics code that even divides supportive ministers amid an image crisis tied to the Banco Master case. Supporters fear the debate could weaken the court and appear as an admission of faults. Fachin aims to build consensus, potentially delaying discussions until after elections.

 

 

 

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